Large buildings are owned by individuals or more co-owners. Often the estate is owned by organizations or companies no longer operating in relation to the disposal or closure of the business and are trying to manage it and obtain income by renting it. The acquisition of these properties can be done in two ways:
- With the purchase of the property through regular deed of sale;
- With the acquisition of 100% of the equity shares of the company (acquiring the company or a division of the company).
The law of the Consolidated TUIR (Tax on Income) - Presidential Decree 917/86 involves the taxation of CAPITAL GAINS for sellers. Namely, they are subject to taxation - as a general rule - in relation to the highest value obtained between the purchase price and the resale price. The calculation of the capital gains is different depending on the different possible methods of purchase. It 'important to know the total amount, since the sum to be paid is often high and can affect the negotiations between the parties.
Acquisition of real property by deed of sale
a) From individuals - The capital gains realized through the allotment of lands, or the execution of works designed to make a property suitable for building, and the subsequent sale, even partial, of land and buildings, are taxed;
- Capital gains realized by properties that were purchased or built no more than five years ago, excluding those acquired by inheritance and estate urban units that for most of the period between the purchase or construction and the sale have been engaged as a principal residence of the transferor or his family (...), are taxed; the Capital gain in this case is the difference between the purchase price and the resale price;